Implementation

The United States presented status reports on four disputes: US — Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan (DS184); US — Section 110(5) of the US Copyright Act (DS160); US — Anti-Dumping Measures on Certain Shrimp from Viet Nam (DS404) and US — Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India (DS436). The US said that it continued to work on solutions that would implement the DSB’s recommendations and rulings in these disputes. Delegations urged the US to comply promptly.

DS291: EC — Measures Affecting the Approval and Marketing of Biotech Products

The European Union presented a status report in this dispute. The EU said that there were no new developments to report since the January DSB meeting. The US reiterated its concerns regarding EU measures affecting the approval and marketing of biotech products. 

DS217,DS234: US — Continued Dumping and Subsidy Offset Act of 2000

Japan and the EU, supported by Canada, India, Brazil, and China, called on the US to stop the transfer of anti-dumping and countervailing duties to its industry and to submit status reports in these disputes. The US, once again, said that it had taken all actions necessary to implement the DSB’s recommendations and rulings in these disputes.

DS413: China — Certain Measures Affecting Electronic Payment Services

The US reiterated its continued concerns regarding China’s failure to bring its measures into conformity with its WTO obligations in this dispute. China, once again, said that it had taken all necessary actions and had fully complied with the DSB’s recommendations and rulings in this dispute.

DS371: Thailand — Customs and Fiscal Measures on Cigarettes from the Philippines

The Philippines reiterated its concerns about outstanding compliance issues in this dispute and reserved its right to return to dispute settlement proceedings. Thailand said that it had taken all actions necessary to implement the DSB’s recommendations and rulings in this dispute.

 

Other business

DS176: US — Section 211 Omnibus Appropriations Act of 1998

Under “Other business”, Cuba made a statement regarding this dispute. Section 211 of the US Omnibus Appropriations Act of 1998 prohibits those having an interest in trademarks/trade names related to certain businesses or assets confiscated by the Cuban government from registering/renewing such trademarks/names without the original owner’s consent.

Cuba said that it was concerned about what it considered to be a “procedural error” made at the 25 January 2016 DSB meeting following the request by the European Union to withdraw this matter from the DSB’s agenda.

In Cuba’s view, the Dispute Settlement Understanding clearly established an obligation for the DSB to monitor unresolved disputes. Departure from that obligation could only occur under either of two scenarios: that the dispute is resolved or when the DSB decides by consensus to remove the item from its surveillance. Cuba noted that neither of the two conditions was met since both the EU and the US acknowledged that this dispute remains unresolved. Bolivia, Jamaica, Nicaragua, Ecuador, Zimbabwe, El Salvador, Viet Nam, Peru and Venezuela shared Cuba’s concerns and arguments regarding a procedural error. Some WTO members did not comment on the procedural aspects but urged the US to comply promptly with the DSB’s recommendations and rulings in this dispute.

 

Workload

Also under “Other business” and in keeping with the Director-General’s undertaking at the October 2015 DSB meeting to provide more information to members, the Chair provided information on the Appellate Body’s workload, on the number of disputes in the panel queue and at the panel composition stage, and on the ability of the WTO Secretariat to meet expected demand over the coming period. 

 

New chair

The DSB elected, by acclamation, Ambassador Xavier Carim of South Africa as its Chair. Delegations thanked the outgoing Chair, Ambassador Harald Neple of Norway, for his work and welcomed the incoming Chair.

 

Next meeting

The next regular meeting of the DSB is scheduled for 23 March 2016.